SMT. CHANDRAKANTA JAIN,INDORE vs. THE I T O WARD- 1(4), INDORE

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ITA 663/IND/2019Status: DisposedITAT Indore15 November 2021AY 2010-114 pages
AI SummaryRemanded

What did the Tribunal hold?

The Tribunal decided that the appeals were directed against the orders of the CIT(A) concerning the determination of capital gains on the sale of immovable property. The core issue revolved around the consideration shown in the sale deed versus the assessed value.

What were the facts?

The assessees sold an immovable property at Talawali Chanda, Indore. The Assessing Officer received information through the Annual Information Report (AIR) regarding the sale of this property.

What were the issues?

The primary issue was the correct determination of capital gains arising from the sale of an immovable property, specifically concerning the consideration shown in the sale deed.

Which sections of the Income-tax Act were involved?

Section 148

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, INDORE BENCH, INDORE

Before: SHRI RAJPAL YADAV & SHRI MANISH BORAD

For Appellant: Shri S.V. Deshpande, AR
For Respondent: Shri Amit Kumar Soni, Sr DR, Smt. Chandrakanta Jain, Shri Amit Kumar Soni, Sr DR
Hearing: 08/11/2021

सुनवाई क" तार"ख/Date of Hearing : 08/11/2021 घोषणा क" तार"ख /Date of Pronouncement: 15 /11/2021 आदेश/O R D E R

PER RAJPAL YADAV, VICE PRESIDENT :

1.

The present two appeals are directed at the instance of two assessees against the separate orders of the learned Commissioner of Income-Tax (Appeals)-I, Indore passed on 25th February, 2019 in the case of Smt. & 663/Ind/2019 Assessees : Smt Chandrakanta Jain & Kalpana Jain AY : 2010-11 2 Kalpana Jain and 20th February, 2019 in the case of Smt. Chandrakanta Jain, both for Assessment Year 2010-11.

2.

The short question involved in both the appeals relates to determination of capital gain, if any, arisen to both the assessees on sale of immovable property at Talawali Chanda, Indore.

3.

With the assistance of learned representatives, we have gone through the record carefully. It emerges out from the record that the Assessing Officer got information through AIR, i.e. Annual Information Report, exhibiting the fact that 21 persons had sold an immovable property at Talawali Chanda, Indore. He, therefore, issued notice under Section 148 of the Act in the case of Smt. Kalpana Jain. According to the Assessing Officer, the consideration has been shown at Rs.30,00,000/- in the sale deed registered on 21.10.2009, whereas the property was assessed by the Sub-

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